Published: Thu, May 17, 2018
Global News | By Blake Casey

Mace theft: National Assembly panel summons Omo-Agege, Ndume

Mace theft: National Assembly panel summons Omo-Agege, Ndume

"Having regard to the settled position of the law as expoused by our courts in not less than five cases wherein the suspension of legislators by legislative houses was annulled and set aside the Senate should withdraw the appeal filed against the judgment of the Federal High Court in the case of Senator Omo-Agege".

"By complying with the judgment without any conditions whatsoever the Senate has demonstrated leadership by example", Falana said in a statement which he issued shortly after the news of the Senate's decision to welcome Omo-Agege back to his legislative duties on Tuesday.

Specifically, Justice Dimgba noted that the defendants, in their motion, erroneously sought for stay of execution of judgment they claimed granted all the reliefs that were sought before the court by the plaintiff.

That the appeal before him is against the reliefs of the plaintiff that is: Senator Omo-Agege which were not granted not granted by the court.

It said the court ruled that the said motion by Mr Omo-Agege was actually refused, hence the motion against it was considered not meritorious.

"While the legislature has powers to take disciplinary measures against its members, the reason given for the punishment is an unconstitutional reason".

Justice Dimgba in his ruling, also said that the Senate can only suspend an erring lawmaker for 14 legislative days.

But the Abuja High Court, it was learnt, voided the suspension on the ground that the petitioner alleged it was based on the legal action he instituted against the senate ahead of its investigation committee.

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But he did not not show up at the close of plenary, even though the Senate had also stated it would not stop him from resuming his seat.

The court equally dismissed preliminary objections the Senate and Saraki filed to challenge its jurisdiction to hear the suit.

Justice Dimgba, while dismissing the application argued on behalf of the Senate and Senate President by Mahmud Mogaji, said the application was misdirected and lacking in merit.

Meanwhile the Lawmaker representing Delta Central Senatorial District, Omo-Agege, was at the Senate chamber this morning.

He had among other things, prayed the court for, "A declaration that the 1st and 2nd defendants' referral of the plaintiff to the Senate Committee on Ethics, Privileges and Public Petitions for trial for expressing his opinion on the purport of a Section of the Electoral Act N0".

The matter was referred to the Committee on Ethics and Privileges to investigate which recommended 181 days of suspension. had also reported how a group of hoodlums stormed the upper legislative chamber of the National Assembly during it's Wednesday, April 18, plenary session and stole the mace.

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